OAR 918-001-0030: Authorized Non-Attorney Representation

The following are adopted as rules of procedure for the Building Codes Division, except a board with independent rulemaking authority adopts other procedural rules for itself. (1) A party or limited party participating in a contested case hearing in which a corporation appears may be represented by an authorized representative of the party or limited party. (2) On or before the first appearance in a contested case hearing by an authorized representative, the authorized representative must provide the presiding officer a letter from the party or limited party that authorizes the representative to appear on behalf of the party or limited party. (3) The presiding officer may limit an authorized representative's presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments to ensure the orderly and timely development of the hearing record. The presiding officer shall not allow an authorized representative to present any legal argument. (4) As used in this rule: (a) “Authorized representative” means: (A) A member of a partnership that is a party; (B) A limited party in the contested case; (C) An authorized officer or regular employee of a corporation, association or organized group that is a party or limited party in the contested case; or (D) An authorized officer or employee of a governmental authority other than a state agency, that is a party or limited party in the contested case. (b) “Legal argument” includes any argument on: (A) The jurisdiction of the department or board to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement; or (C) The application of court precedent to the facts of the contested case. (c) Legal argument does not include presentation of evidence, examination and cross-examination of witnesses, presentation of factual arguments, or any argument on: (A) The application of the facts to the statutes or rules that directly apply to the issues in the contested case; (B) Comparison of prior actions of the Department; (C) The literal meaning of the statutes or rules that directly apply to the issues in the contested case; or (D) The admissibility of evidence or the correctness of procedures being followed. (5) When an authorized representative represents a party or limited party in a hearing, the presiding officer shall advise the representative of the manner in which objections may be made and the manner in which matters may be preserved for appeal. The advice is of a procedural nature and does not change applicable law on waiver or applicable law on the duty to make timely objection. When an objection may involve a legal argument, the presiding officer shall provide a reasonable opportunity for the authorized representative to consult legal counsel and shall permit the legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.